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3 ways your employer may cheat you out of overtime

On behalf of Warren & Siurek, L.L.P. posted in wage and hour laws on Wednesday, February 21, 2018.

Ever feel like you are not getting your rightful overtime pay? The law requires most employers to pay its employees extra for working over 40 hours in one week. However, your employer may be doing sneaky things to avoid giving you the payment you rightfully deserve.

Your employer may take advantage of the fact you do not know much about overtime laws to cheat you out of overtime pay. Watch out for these strategies your employer may use.

1. Asking you to work off the clock

Does your boss ask you to stay late but require you to clock out anyway? What about forcing you to clock out during lunch, even if you work through it? These are some tricky methods your employer may utilize to make sure your weekly hours do not go above 40.

2. Improperly classifying you as an independent contractor

The law may not see you as an independent contractor if any of the following apply to your job

● Your boss sets your hours

● Your company sets the time, nature and place of your work

● You cannot hire your own assistant

● You are not allowed to work for other companies

Do these sound familiar to your occupation? If so, your employer may be misclassifying you as a way to cheat you out of overtime pay and get you to cover employment taxes.

3. Expecting you to work from home

A lot of jobs today require workers to reply to texts, answer emails or make phone calls. You should make sure you are getting paid for these hours. While you should avoid trying to charge for the time you watch Netflix or eat dinner, you should certainly seek pay for the time you work at home.

If you notice your employer doing any of these things, make sure you keep records of the hours you work and contact an attorney.

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